Full Text of SB0423 103rd General Assembly
SB0423enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows: | 6 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 | | Sec. 3-3-7. Conditions of parole or mandatory supervised | 8 | | release.
| 9 | | (a) The conditions of parole or mandatory
supervised | 10 | | release shall be such as the Prisoner Review
Board deems | 11 | | necessary to assist the subject in leading a
law-abiding life. | 12 | | The conditions of every parole and mandatory
supervised | 13 | | release are that the subject:
| 14 | | (1) not violate any criminal statute of any | 15 | | jurisdiction
during the parole or release term;
| 16 | | (2) refrain from possessing a firearm or other | 17 | | dangerous
weapon;
| 18 | | (3) report to an agent of the Department of | 19 | | Corrections;
| 20 | | (4) permit the agent to visit him or her at his or her | 21 | | home, employment,
or
elsewhere to the
extent necessary for | 22 | | the agent to discharge his or her duties;
| 23 | | (5) attend or reside in a facility established for the |
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| 1 | | instruction or
residence
of persons on
parole or mandatory | 2 | | supervised release;
| 3 | | (6) secure permission before visiting or writing a | 4 | | committed person in an
Illinois Department
of Corrections | 5 | | facility;
| 6 | | (7) report all arrests to an agent of the Department | 7 | | of Corrections as
soon as
permitted by the
arresting | 8 | | authority but in no event later than 24 hours after | 9 | | release from
custody and immediately report service or | 10 | | notification of an order of protection, a civil no contact | 11 | | order, or a stalking no contact order to an agent of the | 12 | | Department of Corrections;
| 13 | | (7.5) if convicted of a sex offense as defined in the | 14 | | Sex Offender
Management Board Act, the individual shall | 15 | | undergo and successfully complete
sex offender treatment | 16 | | conducted in conformance with the standards developed by
| 17 | | the Sex
Offender Management Board Act by a treatment | 18 | | provider approved by the Board;
| 19 | | (7.6) if convicted of a sex offense as defined in the | 20 | | Sex Offender
Management Board Act, refrain from residing | 21 | | at the same address or in the same condominium unit or | 22 | | apartment unit or in the same condominium complex or | 23 | | apartment complex with another person he or she knows or | 24 | | reasonably should know is a convicted sex offender or has | 25 | | been placed on supervision for a sex offense; the | 26 | | provisions of this paragraph do not apply to a person |
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| 1 | | convicted of a sex offense who is placed in a Department of | 2 | | Corrections licensed transitional housing facility for sex | 3 | | offenders, or is in any facility operated or licensed by | 4 | | the Department of Children and Family Services or by the | 5 | | Department of Human Services, or is in any licensed | 6 | | medical facility;
| 7 | | (7.7) if convicted for an offense that would qualify | 8 | | the accused as a sexual predator under the Sex Offender | 9 | | Registration Act on or after January 1, 2007 (the | 10 | | effective date of Public Act 94-988), wear an approved | 11 | | electronic monitoring device as defined in Section 5-8A-2 | 12 | | for the duration of the person's parole, mandatory | 13 | | supervised release term, or extended mandatory supervised | 14 | | release term and if convicted for an offense of criminal | 15 | | sexual assault, aggravated criminal sexual assault, | 16 | | predatory criminal sexual assault of a child, criminal | 17 | | sexual abuse, aggravated criminal sexual abuse, or | 18 | | ritualized abuse of a child committed on or after August | 19 | | 11, 2009 (the effective date of Public Act 96-236) when | 20 | | the victim was under 18 years of age at the time of the | 21 | | commission of the offense and the defendant used force or | 22 | | the threat of force in the commission of the offense wear | 23 | | an approved electronic monitoring device as defined in | 24 | | Section 5-8A-2 that has Global Positioning System (GPS) | 25 | | capability for the duration of the person's parole, | 26 | | mandatory supervised release term, or extended mandatory |
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| 1 | | supervised release term;
| 2 | | (7.8) if convicted for an offense committed on or | 3 | | after June 1, 2008 (the effective date of Public Act | 4 | | 95-464) that would qualify the accused as a child sex | 5 | | offender as defined in Section 11-9.3 or 11-9.4 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | refrain from communicating with or contacting, by means of | 8 | | the Internet, a person who is not related to the accused | 9 | | and whom the accused reasonably believes to be under 18 | 10 | | years of age; for purposes of this paragraph (7.8), | 11 | | "Internet" has the meaning ascribed to it in Section | 12 | | 16-0.1 of the Criminal Code of 2012; and a person is not | 13 | | related to the accused if the person is not: (i) the | 14 | | spouse, brother, or sister of the accused; (ii) a | 15 | | descendant of the accused; (iii) a first or second cousin | 16 | | of the accused; or (iv) a step-child or adopted child of | 17 | | the accused;
| 18 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 19 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | 20 | | or the Criminal Code of 2012, consent to search of | 21 | | computers, PDAs, cellular phones, and other devices under | 22 | | his or her control that are capable of accessing the | 23 | | Internet or storing electronic files, in order to confirm | 24 | | Internet protocol addresses reported in accordance with | 25 | | the Sex Offender Registration Act and compliance with | 26 | | conditions in this Act;
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| 1 | | (7.10)
if convicted for an offense that would qualify | 2 | | the accused as a sex offender or sexual predator under the | 3 | | Sex Offender Registration Act on or after June 1, 2008 | 4 | | (the effective date of Public Act 95-640), not possess | 5 | | prescription drugs for erectile dysfunction;
| 6 | | (7.11) if convicted for an offense under Section 11-6, | 7 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 8 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 9 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | or any attempt to commit any of these offenses, committed | 11 | | on or after June 1, 2009 (the effective date of Public Act | 12 | | 95-983): | 13 | | (i) not access or use a computer or any other | 14 | | device with Internet capability without the prior | 15 | | written approval of the Department; | 16 | | (ii) submit to periodic unannounced examinations | 17 | | of the offender's computer or any other device with | 18 | | Internet capability by the offender's supervising | 19 | | agent, a law enforcement officer, or assigned computer | 20 | | or information technology specialist, including the | 21 | | retrieval and copying of all data from the computer or | 22 | | device and any internal or external peripherals and | 23 | | removal of such information, equipment, or device to | 24 | | conduct a more thorough inspection; | 25 | | (iii) submit to the installation on the offender's | 26 | | computer or device with Internet capability, at the |
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| 1 | | offender's expense, of one or more hardware or | 2 | | software systems to monitor the Internet use; and | 3 | | (iv) submit to any other appropriate restrictions | 4 | | concerning the offender's use of or access to a | 5 | | computer or any other device with Internet capability | 6 | | imposed by the Board, the Department or the offender's | 7 | | supervising agent; | 8 | | (7.12) if convicted of a sex offense as defined in the | 9 | | Sex Offender
Registration Act committed on or after | 10 | | January 1, 2010 (the effective date of Public Act 96-262), | 11 | | refrain from accessing or using a social networking | 12 | | website as defined in Section 17-0.5 of the Criminal Code | 13 | | of 2012;
| 14 | | (7.13) if convicted of a sex offense as defined in | 15 | | Section 2 of the Sex Offender Registration Act committed | 16 | | on or after January 1, 2010 (the effective date of Public | 17 | | Act 96-362) that requires the person to register as a sex | 18 | | offender under that Act, may not knowingly use any | 19 | | computer scrub software on any computer that the sex | 20 | | offender uses; | 21 | | (8) obtain permission of an agent of the Department of | 22 | | Corrections before
leaving the
State of Illinois;
| 23 | | (9) obtain permission of an agent of the Department of | 24 | | Corrections before
changing
his or her residence or | 25 | | employment;
| 26 | | (10) consent to a search of his or her person, |
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| 1 | | property, or residence
under his or her
control;
| 2 | | (11) refrain from the use or possession of narcotics | 3 | | or other controlled
substances in
any form, or both, or | 4 | | any paraphernalia related to those substances and submit
| 5 | | to a
urinalysis test as instructed by a parole agent of the | 6 | | Department of
Corrections if there is reasonable suspicion | 7 | | of illicit drug use and the source of the reasonable | 8 | | suspicion is documented in the Department's case | 9 | | management system ;
| 10 | | (12) not knowingly frequent places where controlled | 11 | | substances are illegally sold,
used,
distributed, or | 12 | | administered;
| 13 | | (13) except when the association described in either | 14 | | subparagraph (A) or (B) of this paragraph (13) involves | 15 | | activities related to community programs, worship | 16 | | services, volunteering, engaging families, or some other | 17 | | pro-social activity in which there is no evidence of | 18 | | criminal intent: | 19 | | (A) not knowingly associate with other persons on | 20 | | parole or mandatory
supervised
release without prior | 21 | | written permission of his or her parole agent; or | 22 | | (B) not knowingly
associate with
persons who are | 23 | | members of an organized gang as that term is defined in | 24 | | the
Illinois
Streetgang Terrorism Omnibus Prevention | 25 | | Act;
| 26 | | (14) provide true and accurate information, as it |
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| 1 | | relates to his or her
adjustment in the
community while on | 2 | | parole or mandatory supervised release or to his or her
| 3 | | conduct
while incarcerated, in response to inquiries by | 4 | | his or her parole agent or of
the
Department of | 5 | | Corrections;
| 6 | | (15) follow any specific instructions provided by the | 7 | | parole agent that
are consistent
with furthering | 8 | | conditions set and approved by the Prisoner Review Board | 9 | | or by
law,
exclusive of placement on electronic detention, | 10 | | to achieve the goals and
objectives of his
or her parole or | 11 | | mandatory supervised release or to protect the public. | 12 | | These
instructions by the parole agent may be modified at | 13 | | any time, as the agent
deems
appropriate;
| 14 | | (16) if convicted of a sex offense as defined in | 15 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 16 | | offender is a parent or guardian of the person under 18 | 17 | | years of age present in the home and no non-familial | 18 | | minors are present, not participate in a holiday event | 19 | | involving children under 18 years of age, such as | 20 | | distributing candy or other items to children on | 21 | | Halloween, wearing a Santa Claus costume on or preceding | 22 | | Christmas, being employed as a department store Santa | 23 | | Claus, or wearing an Easter Bunny costume on or preceding | 24 | | Easter; | 25 | | (17) if convicted of a violation of an order of | 26 | | protection under Section 12-3.4 or Section 12-30 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 2 | | placed under electronic surveillance as provided in | 3 | | Section 5-8A-7 of this Code; | 4 | | (18) comply with the terms and conditions of an order | 5 | | of protection issued pursuant to the Illinois Domestic | 6 | | Violence Act of 1986; an order of protection issued by the | 7 | | court of another state, tribe, or United States territory; | 8 | | a no contact order issued pursuant to the Civil No Contact | 9 | | Order Act; or a no contact order issued pursuant to the | 10 | | Stalking No Contact Order Act; | 11 | | (19) if convicted of a violation of the | 12 | | Methamphetamine Control and Community Protection Act, the | 13 | | Methamphetamine
Precursor Control Act, or a | 14 | | methamphetamine related offense, be: | 15 | | (A) prohibited from purchasing, possessing, or | 16 | | having under his or her control any product containing | 17 | | pseudoephedrine unless prescribed by a physician; and | 18 | | (B) prohibited from purchasing, possessing, or | 19 | | having under his or her control any product containing | 20 | | ammonium nitrate; | 21 | | (20) if convicted of a hate crime under Section 12-7.1 | 22 | | of the Criminal Code of 2012, perform public or community | 23 | | service of no less than 200 hours and enroll in an
| 24 | | educational program discouraging hate crimes involving the | 25 | | protected class
identified in subsection (a) of Section | 26 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
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| 1 | | offense the offender committed ordered by the court; and | 2 | | (21) be evaluated by the Department of Corrections | 3 | | prior to release using a validated risk assessment and be | 4 | | subject to a corresponding level of supervision. In | 5 | | accordance with the findings of that evaluation: | 6 | | (A) All subjects found to be at a moderate or high | 7 | | risk to recidivate, or on parole or mandatory | 8 | | supervised release for first degree murder, a forcible | 9 | | felony as defined in Section 2-8 of the Criminal Code | 10 | | of 2012, any felony that requires registration as a | 11 | | sex offender under the Sex Offender Registration Act, | 12 | | or a Class X felony or Class 1 felony that is not a | 13 | | violation of the Cannabis Control Act, the Illinois | 14 | | Controlled Substances Act, or the Methamphetamine | 15 | | Control and Community Protection Act, shall be subject | 16 | | to high level supervision. The Department shall define | 17 | | high level supervision based upon evidence-based and | 18 | | research-based practices. Notwithstanding this | 19 | | placement on high level supervision, placement of the | 20 | | subject on electronic monitoring or detention shall | 21 | | not occur unless it is required by law or expressly | 22 | | ordered or approved by the Prisoner Review Board. | 23 | | (B) All subjects found to be at a low risk to | 24 | | recidivate shall be subject to low-level supervision, | 25 | | except for those subjects on parole or mandatory | 26 | | supervised release for first degree murder, a forcible |
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| 1 | | felony as defined in Section 2-8 of the Criminal Code | 2 | | of 2012, any felony that requires registration as a | 3 | | sex offender under the Sex Offender Registration Act, | 4 | | or a Class X felony or Class 1 felony that is not a | 5 | | violation of the Cannabis Control Act, the Illinois | 6 | | Controlled Substances Act, or the Methamphetamine | 7 | | Control and Community Protection Act. Low level | 8 | | supervision shall require the subject to check in with | 9 | | the supervising officer via phone or other electronic | 10 | | means. Notwithstanding this placement on low level | 11 | | supervision, placement of the subject on electronic | 12 | | monitoring or detention shall not occur unless it is | 13 | | required by law or expressly ordered or approved by | 14 | | the Prisoner Review Board. | 15 | | (b) The Board may after making an individualized | 16 | | assessment pursuant to subsection (a) of Section 3-14-2 in | 17 | | addition to other conditions
require that the subject:
| 18 | | (1) work or pursue a course of study or vocational | 19 | | training;
| 20 | | (2) undergo medical or psychiatric treatment, or | 21 | | treatment
for drug addiction or alcoholism;
| 22 | | (3) attend or reside in a facility established for the
| 23 | | instruction or residence of persons on probation or | 24 | | parole;
| 25 | | (4) support his or her dependents;
| 26 | | (5) (blank);
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| 1 | | (6) (blank);
| 2 | | (7) (blank);
| 3 | | (7.5) if convicted for an offense committed on or | 4 | | after the effective date of this amendatory Act of the | 5 | | 95th General Assembly that would qualify the accused as a | 6 | | child sex offender as defined in Section 11-9.3 or 11-9.4 | 7 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 8 | | refrain from communicating with or contacting, by means of | 9 | | the Internet, a person who is related to the accused and | 10 | | whom the accused reasonably believes to be under 18 years | 11 | | of age; for purposes of this paragraph (7.5), "Internet" | 12 | | has the meaning ascribed to it in Section 16-0.1 of the | 13 | | Criminal Code of 2012; and a person is related to the | 14 | | accused if the person is: (i) the spouse, brother, or | 15 | | sister of the accused; (ii) a descendant of the accused; | 16 | | (iii) a first or second cousin of the accused; or (iv) a | 17 | | step-child or adopted child of the accused; | 18 | | (7.6) if convicted for an offense committed on or | 19 | | after June 1, 2009 (the effective date of Public Act | 20 | | 95-983) that would qualify as a sex offense as defined in | 21 | | the Sex Offender Registration Act: | 22 | | (i) not access or use a computer or any other | 23 | | device with Internet capability without the prior | 24 | | written approval of the Department; | 25 | | (ii) submit to periodic unannounced examinations | 26 | | of the offender's computer or any other device with |
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| 1 | | Internet capability by the offender's supervising | 2 | | agent, a law enforcement officer, or assigned computer | 3 | | or information technology specialist, including the | 4 | | retrieval and copying of all data from the computer or | 5 | | device and any internal or external peripherals and | 6 | | removal of such information, equipment, or device to | 7 | | conduct a more thorough inspection; | 8 | | (iii) submit to the installation on the offender's | 9 | | computer or device with Internet capability, at the | 10 | | offender's expense, of one or more hardware or | 11 | | software systems to monitor the Internet use; and | 12 | | (iv) submit to any other appropriate restrictions | 13 | | concerning the offender's use of or access to a | 14 | | computer or any other device with Internet capability | 15 | | imposed by the Board, the Department or the offender's | 16 | | supervising agent; and
| 17 | | (8) (blank). in addition, if a minor:
| 18 | | (i) reside with his or her parents or in a foster | 19 | | home;
| 20 | | (ii) attend school;
| 21 | | (iii) attend a non-residential program for youth; | 22 | | or
| 23 | | (iv) contribute to his or her own support at home | 24 | | or in a foster
home.
| 25 | | (b-1) In addition to the conditions set forth in | 26 | | subsections (a) and (b), persons required to register as sex |
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| 1 | | offenders pursuant to the Sex Offender Registration Act, upon | 2 | | release from the custody of the Illinois Department of | 3 | | Corrections, may be required by the Board to comply with the | 4 | | following specific conditions of release following an | 5 | | individualized assessment pursuant to subsection (a) of | 6 | | Section 3-14-2 : | 7 | | (1) reside only at a Department approved location; | 8 | | (2) comply with all requirements of the Sex Offender | 9 | | Registration Act;
| 10 | | (3) notify
third parties of the risks that may be | 11 | | occasioned by his or her criminal record; | 12 | | (4) obtain the approval of an agent of the Department | 13 | | of Corrections prior to accepting employment or pursuing a | 14 | | course of study or vocational training and notify the | 15 | | Department prior to any change in employment, study, or | 16 | | training; | 17 | | (5) not be employed or participate in any
volunteer | 18 | | activity that involves contact with children, except under | 19 | | circumstances approved in advance and in writing by an | 20 | | agent of the Department of Corrections; | 21 | | (6) be electronically monitored for a minimum of 12 | 22 | | months from the date of release as determined by the | 23 | | Board;
| 24 | | (7) refrain from entering into a designated
geographic | 25 | | area except upon terms approved in advance by an agent of | 26 | | the Department of Corrections. The terms may include |
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| 1 | | consideration of the purpose of the entry, the time of | 2 | | day, and others accompanying the person; | 3 | | (8) refrain from having any contact, including
written | 4 | | or oral communications, directly or indirectly, personally | 5 | | or by telephone, letter, or through a third party with | 6 | | certain specified persons including, but not limited to, | 7 | | the victim or the victim's family without the prior | 8 | | written approval of an agent of the Department of | 9 | | Corrections; | 10 | | (9) refrain from all contact, directly or
indirectly, | 11 | | personally, by telephone, letter, or through a third | 12 | | party, with minor children without prior identification | 13 | | and approval of an agent of the Department of Corrections; | 14 | | (10) neither possess or have under his or her
control | 15 | | any material that is sexually oriented, sexually | 16 | | stimulating, or that shows male or female sex organs or | 17 | | any pictures depicting children under 18 years of age nude | 18 | | or any written or audio material describing sexual | 19 | | intercourse or that depicts or alludes to sexual activity, | 20 | | including but not limited to visual, auditory, telephonic, | 21 | | or electronic media, or any matter obtained through access | 22 | | to any computer or material linked to computer access use; | 23 | | (11) not patronize any business providing
sexually | 24 | | stimulating or sexually oriented entertainment nor utilize | 25 | | "900" or adult telephone numbers; | 26 | | (12) not reside near, visit, or be in or about
parks, |
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| 1 | | schools, day care centers, swimming pools, beaches, | 2 | | theaters, or any other places where minor children | 3 | | congregate without advance approval of an agent of the | 4 | | Department of Corrections and immediately report any | 5 | | incidental contact with minor children to the Department; | 6 | | (13) not possess or have under his or her control
| 7 | | certain specified items of contraband related to the | 8 | | incidence of sexually offending as determined by an agent | 9 | | of the Department of Corrections; | 10 | | (14) may be required to provide a written daily log of | 11 | | activities
if directed by an agent of the Department of | 12 | | Corrections; | 13 | | (15) comply with all other special conditions
that the | 14 | | Department may impose that restrict the person from | 15 | | high-risk situations and limit access to potential | 16 | | victims; | 17 | | (16) take an annual polygraph exam; | 18 | | (17) maintain a log of his or her travel; or | 19 | | (18) obtain prior approval of his or her parole | 20 | | officer before driving alone in a motor vehicle.
| 21 | | (c) The conditions under which the parole or mandatory
| 22 | | supervised release is to be served shall be communicated to
| 23 | | the person in writing prior to his or her release, and he or | 24 | | she shall
sign the same before release. A signed copy of these | 25 | | conditions,
including a copy of an order of protection where | 26 | | one had been issued by the
criminal court, shall be retained by |
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| 1 | | the person and another copy forwarded to
the officer in charge | 2 | | of his or her supervision.
| 3 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 4 | | Review Board may modify or enlarge the conditions of parole
or | 5 | | mandatory supervised release.
| 6 | | (e) The Department shall inform all offenders committed to
| 7 | | the Department of the optional services available to them
upon | 8 | | release and shall assist inmates in availing themselves
of | 9 | | such optional services upon their release on a voluntary
| 10 | | basis. | 11 | | (f) (Blank).
| 12 | | (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; | 13 | | 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
| 14 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 15 | | Sec. 3-3-8. Length of parole and mandatory supervised
| 16 | | release; discharge. | 17 | | (a) The length of parole
for a person sentenced under the | 18 | | law in effect prior to
the effective date of this amendatory | 19 | | Act of 1977 and the
length of mandatory supervised release for | 20 | | those sentenced
under the law in effect on and after such | 21 | | effective date
shall be as set out in Section 5-8-1 unless | 22 | | sooner terminated
under paragraph (b) of this Section.
| 23 | | (b) The Prisoner Review Board may enter an order
releasing | 24 | | and discharging one from parole or mandatory
supervised | 25 | | release, and his or her commitment to the Department,
when it |
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| 1 | | determines that he or she is likely to remain at liberty
| 2 | | without committing another offense.
| 3 | | (b-1) Provided that the subject is in compliance with the | 4 | | terms and conditions of his or her parole or mandatory | 5 | | supervised release, the Prisoner Review Board shall may reduce | 6 | | the period of a parolee or releasee's parole or mandatory | 7 | | supervised release by 90 days upon the parolee or releasee | 8 | | receiving a high school diploma , associate's degree, | 9 | | bachelor's degree, career certificate, or vocational technical | 10 | | certification or upon passage of high school equivalency | 11 | | testing during the period of his or her parole or mandatory | 12 | | supervised release. A parolee or releasee shall provide | 13 | | documentation from the educational institution or the source | 14 | | of the qualifying educational or vocational credential to | 15 | | their supervising officer for verification. Each This | 16 | | reduction in the period of a subject's term of parole or | 17 | | mandatory supervised release shall be available only to | 18 | | subjects who have not previously earned the relevant | 19 | | credential for which they are receiving the reduction a high | 20 | | school diploma or who have not previously passed high school | 21 | | equivalency testing . As used in this Section, "career | 22 | | certificate" means a certificate awarded by an institution for | 23 | | satisfactory completion of a prescribed curriculum that is | 24 | | intended to prepare an individual for employment in a specific | 25 | | field. | 26 | | (b-2) The Prisoner Review Board may release a low-risk and |
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| 1 | | need subject person from mandatory supervised release as | 2 | | determined by an appropriate evidence-based risk and need | 3 | | assessment. | 4 | | (c) The order of discharge shall become effective upon | 5 | | entry of the
order of the Board. The Board shall notify the | 6 | | clerk of the committing
court of the order. Upon receipt of | 7 | | such copy, the clerk shall make an
entry on the record judgment | 8 | | that the sentence or commitment has been
satisfied pursuant to | 9 | | the order.
| 10 | | (d) Rights of the person discharged under this
Section | 11 | | shall be restored under Section 5-5-5.
| 12 | | (e) Upon a denial of early discharge under this Section, | 13 | | the Prisoner Review Board shall provide the person on parole | 14 | | or mandatory supervised release a list of steps or | 15 | | requirements that the person must complete or meet to be | 16 | | granted an early discharge at a subsequent review and share | 17 | | the process for seeking a subsequent early discharge review | 18 | | under this subsection. Upon the completion of such steps or | 19 | | requirements, the person on parole or mandatory supervised | 20 | | release may petition the Prisoner Review Board to grant them | 21 | | an early discharge review. Within no more than 30 days of a | 22 | | petition under this subsection, the Prisoner Review Board | 23 | | shall review the petition and make a determination. | 24 | | (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, | 25 | | eff. 1-1-18 .)
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| 1 | | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| 2 | | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| 3 | | Release and Release by Statute.
| 4 | | (a) The Department shall retain custody of all persons | 5 | | placed on
parole or mandatory supervised release or released | 6 | | pursuant to Section
3-3-10 of this Code and shall supervise | 7 | | such persons during
their parole or release period in accord | 8 | | with the conditions set by the
Prisoner Review Board. When | 9 | | setting conditions, the Prisoner Review Board shall make an | 10 | | individualized assessment as to what conditions are | 11 | | appropriate based on the risk and needs assessment, program | 12 | | participation and completion, assignment history while | 13 | | incarcerated, and behavior history during the period of the | 14 | | incarceration and involve only such deprivations of liberty or | 15 | | property as are reasonably necessary to protect the public | 16 | | from the person's conduct in the underlying conviction or | 17 | | violation. In determining conditions, the Prisoner Review | 18 | | Board shall also consider the reasonableness of imposing | 19 | | additional conditions on the person and the extent to which | 20 | | the conditions impact the person's work, education, community | 21 | | service, financial, and family caregiving obligations. Such | 22 | | conditions shall include referral to an
alcohol or drug abuse | 23 | | treatment program, as appropriate, if such person has
| 24 | | previously been identified as having an alcohol or drug abuse | 25 | | problem.
Such conditions may include that the person use an | 26 | | approved electronic
monitoring device subject to Article 8A of |
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| 1 | | Chapter V.
| 2 | | (b) The Department shall assign personnel to assist | 3 | | persons eligible
for parole in preparing a parole plan. Such | 4 | | Department personnel shall
make a report of their efforts and | 5 | | findings to the Prisoner Review
Board prior to its | 6 | | consideration of the case of such eligible person.
| 7 | | (c) A copy of the conditions of his parole or release shall | 8 | | be
signed by the parolee or releasee and given to him and to | 9 | | his
supervising officer who shall report on his progress under | 10 | | the rules and
regulations of the Prisoner Review Board. The | 11 | | supervising officer
shall report violations to the Prisoner | 12 | | Review Board and shall have
the full power of peace officers in | 13 | | the arrest and retaking of any
parolees or releasees or the | 14 | | officer may request the Department to issue
a warrant for the | 15 | | arrest of any parolee or releasee who has allegedly
violated | 16 | | his parole or release conditions. | 17 | | (c-1) The supervising officer shall request the Department | 18 | | to issue a parole violation warrant, and the Department shall | 19 | | issue a parole violation warrant, under the following | 20 | | circumstances: | 21 | | (1) if the parolee or releasee
commits an act that | 22 | | constitutes a felony using a firearm or knife, | 23 | | (2) if applicable, fails to comply with the | 24 | | requirements of the Sex Offender Registration Act, | 25 | | (3) if the parolee or releasee is charged with: | 26 | | (A) a felony offense of domestic battery under |
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| 1 | | Section 12-3.2 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, | 3 | | (B) aggravated domestic battery under Section | 4 | | 12-3.3 of the Criminal Code of 1961 or the Criminal | 5 | | Code of 2012, | 6 | | (C) stalking under Section 12-7.3 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012, | 8 | | (D) aggravated stalking under Section 12-7.4 of | 9 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | (E) violation of an order of protection under | 11 | | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 12 | | the Criminal Code of 2012, or | 13 | | (F) any offense that would require registration as | 14 | | a sex offender under the Sex Offender Registration | 15 | | Act, or | 16 | | (4) if the parolee or releasee
is on parole or | 17 | | mandatory supervised release for a murder, a Class X | 18 | | felony or a Class 1 felony violation of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012, or any felony that | 20 | | requires registration as a sex offender under the Sex | 21 | | Offender Registration Act and commits an act that | 22 | | constitutes first degree murder, a Class X felony, a Class | 23 | | 1 felony, a Class 2 felony, or a Class 3 felony. | 24 | | A
sheriff or other peace officer may detain an alleged | 25 | | parole or release
violator until a warrant for his return to | 26 | | the Department can be issued.
The parolee or releasee may be |
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| 1 | | delivered to any secure place until he can
be transported to | 2 | | the Department. The officer or the Department shall file a | 3 | | violation report with notice of charges with the Prisoner | 4 | | Review Board.
| 5 | | (d) The supervising officer shall regularly advise and | 6 | | consult with
the parolee or releasee, assist him in adjusting | 7 | | to community life,
inform him of the restoration of his rights | 8 | | on successful completion of
sentence under Section 5-5-5 , and | 9 | | provide the parolee or releasee with an electronic copy of the | 10 | | Department of Corrections system of graduated responses as set | 11 | | forth under subparagraph (D) of paragraph (1) of subsection | 12 | | (b) of Section 10 of the Illinois Crime Reduction Act of 2009 | 13 | | and any sanctions matrix based on that system . If the parolee | 14 | | or releasee has been convicted of a sex offense as defined in | 15 | | the Sex Offender
Management Board Act, the supervising officer | 16 | | shall periodically, but not less than once a month, verify | 17 | | that the parolee or releasee is in compliance with paragraph | 18 | | (7.6) of subsection (a) of Section 3-3-7.
| 19 | | (d-1) At least once every 6 months, the supervising | 20 | | officer of a parolee or releasee shall review the case of the | 21 | | parolee or releasee to assess the parolee's or releasee's | 22 | | progress and suitability for early discharge under subsection | 23 | | (b) of Section 3-3-8 and provide a recommendation for either | 24 | | early discharge or the continuation of parole or mandatory | 25 | | supervised release as previously ordered. The recommendation | 26 | | and the rationale for the recommendation shall be noted in the |
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| 1 | | Department's case management system. Within 30 days of | 2 | | receiving the supervising officer's recommendation, the | 3 | | Department shall provide a copy of the final recommendation, | 4 | | in writing or electronically, to the Prisoner Review Board and | 5 | | to the parolee or releasee. If an early discharge | 6 | | recommendation was not provided, the supervising officer shall | 7 | | share the list of steps or requirements that the person must | 8 | | complete or meet to be granted an early discharge | 9 | | recommendation at a subsequent review under agency guidelines. | 10 | | The Department shall develop guidelines and policies to | 11 | | support the regular review of parolees and releasees for early | 12 | | discharge consideration and the timely notification of the | 13 | | Prisoner Review Board when early discharge is recommended. | 14 | | (d-2) Supervising officers shall schedule meetings, which | 15 | | are required under paragraph (3) of subsection (a) of Section | 16 | | 3-3-7 as a condition of parole or mandatory supervised | 17 | | release, at such times and locations that take into | 18 | | consideration the medical needs, caregiving obligations, and | 19 | | work schedule of a parolee or releasee. | 20 | | (d-3) To comply with the provisions of subsection (d-2), | 21 | | in lieu of requiring the parolee or releasee to appear in | 22 | | person for the required reporting or meetings, supervising | 23 | | officers may utilize technology, including cellular and other | 24 | | electronic communication devices or platforms, that allows for | 25 | | communication between the supervised individual and the | 26 | | supervising officer. |
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| 1 | | (e) Supervising officers shall receive specialized | 2 | | training in the
special needs of female releasees or parolees | 3 | | including the family
reunification process.
| 4 | | (f) The supervising officer shall keep such records as the
| 5 | | Prisoner Review Board or Department may require. All records | 6 | | shall be
entered in the master file of the individual.
| 7 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; | 8 | | 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
| 9 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 10 | | Sec. 5-6-3. Conditions of probation and of conditional | 11 | | discharge.
| 12 | | (a) The conditions of probation and of conditional | 13 | | discharge shall be
that the person:
| 14 | | (1) not violate any criminal statute of any | 15 | | jurisdiction;
| 16 | | (2) report to or appear in person before such person | 17 | | or agency as
directed by the court . To comply with the | 18 | | provisions of this paragraph (2), in lieu of requiring the | 19 | | person on probation or conditional discharge to appear in | 20 | | person for the required reporting or meetings, the officer | 21 | | may utilize technology, including cellular and other | 22 | | electronic communication devices or platforms, that allow | 23 | | for communication between the supervised person and the | 24 | | officer in accordance with standards and guidelines | 25 | | established by the Administrative Office of the Illinois |
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| 1 | | Courts ;
| 2 | | (3) refrain from possessing a firearm or other | 3 | | dangerous weapon where the offense is a felony or, if a | 4 | | misdemeanor, the offense involved the intentional or | 5 | | knowing infliction of bodily harm or threat of bodily | 6 | | harm;
| 7 | | (4) not leave the State without the consent of the | 8 | | court or, in
circumstances in which the reason for the | 9 | | absence is of such an emergency
nature that prior consent | 10 | | by the court is not possible, without the prior
| 11 | | notification and approval of the person's probation
| 12 | | officer. Transfer of a person's probation or conditional | 13 | | discharge
supervision to another state is subject to | 14 | | acceptance by the other state
pursuant to the Interstate | 15 | | Compact for Adult Offender Supervision;
| 16 | | (5) permit the probation officer to visit
him at his | 17 | | home or elsewhere
to the extent necessary to discharge his | 18 | | duties;
| 19 | | (6) perform no less than 30 hours of community service | 20 | | and not more than
120 hours of community service, if | 21 | | community service is available in the
jurisdiction and is | 22 | | funded and approved by the county board where the offense
| 23 | | was committed, where the offense was related to or in | 24 | | furtherance of the
criminal activities of an organized | 25 | | gang and was motivated by the offender's
membership in or | 26 | | allegiance to an organized gang. The community service |
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| 1 | | shall
include, but not be limited to, the cleanup and | 2 | | repair of any damage caused by
a violation of Section | 3 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 4 | | 2012 and similar damage
to property located within the | 5 | | municipality or county in which the violation
occurred. | 6 | | When possible and reasonable, the community service should | 7 | | be
performed in the offender's neighborhood. For purposes | 8 | | of this Section,
"organized gang" has the meaning ascribed | 9 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 10 | | Omnibus Prevention Act. The court may give credit toward | 11 | | the fulfillment of community service hours for | 12 | | participation in activities and treatment as determined by | 13 | | court services;
| 14 | | (7) if he or she is at least 17 years of age and has | 15 | | been sentenced to
probation or conditional discharge for a | 16 | | misdemeanor or felony in a county of
3,000,000 or more | 17 | | inhabitants and has not been previously convicted of a
| 18 | | misdemeanor or felony, may be required by the sentencing | 19 | | court to attend
educational courses designed to prepare | 20 | | the defendant for a high school diploma
and to work toward | 21 | | a high school diploma or to work toward passing high | 22 | | school equivalency testing or to work toward
completing a | 23 | | vocational training program approved by the court. The | 24 | | person on
probation or conditional discharge must attend a | 25 | | public institution of
education to obtain the educational | 26 | | or vocational training required by this paragraph
(7). The |
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| 1 | | court shall revoke the probation or conditional discharge | 2 | | of a
person who willfully fails to comply with this | 3 | | paragraph (7). The person on
probation or conditional | 4 | | discharge shall be required to pay for the cost of the
| 5 | | educational courses or high school equivalency testing if | 6 | | a fee is charged for those courses or testing. The court | 7 | | shall resentence the offender whose probation or | 8 | | conditional
discharge has been revoked as provided in | 9 | | Section 5-6-4. This paragraph (7) does
not apply to a | 10 | | person who has a high school diploma or has successfully | 11 | | passed high school equivalency testing. This paragraph (7) | 12 | | does not apply to a person who is determined by
the court | 13 | | to be a person with a developmental disability or | 14 | | otherwise mentally incapable of
completing the educational | 15 | | or vocational program;
| 16 | | (8) if convicted of possession of a substance | 17 | | prohibited
by the Cannabis Control Act, the Illinois | 18 | | Controlled Substances Act, or the Methamphetamine Control | 19 | | and Community Protection Act
after a previous conviction | 20 | | or disposition of supervision for possession of a
| 21 | | substance prohibited by the Cannabis Control Act or | 22 | | Illinois Controlled
Substances Act or after a sentence of | 23 | | probation under Section 10 of the
Cannabis
Control Act, | 24 | | Section 410 of the Illinois Controlled Substances Act, or | 25 | | Section 70 of the Methamphetamine Control and Community | 26 | | Protection Act and upon a
finding by the court that the |
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| 1 | | person is addicted, undergo treatment at a
substance abuse | 2 | | program approved by the court;
| 3 | | (8.5) if convicted of a felony sex offense as defined | 4 | | in the Sex
Offender
Management Board Act, the person shall | 5 | | undergo and successfully complete sex
offender treatment | 6 | | by a treatment provider approved by the Board and | 7 | | conducted
in conformance with the standards developed | 8 | | under the Sex
Offender Management Board Act;
| 9 | | (8.6) if convicted of a sex offense as defined in the | 10 | | Sex Offender Management Board Act, refrain from residing | 11 | | at the same address or in the same condominium unit or | 12 | | apartment unit or in the same condominium complex or | 13 | | apartment complex with another person he or she knows or | 14 | | reasonably should know is a convicted sex offender or has | 15 | | been placed on supervision for a sex offense; the | 16 | | provisions of this paragraph do not apply to a person | 17 | | convicted of a sex offense who is placed in a Department of | 18 | | Corrections licensed transitional housing facility for sex | 19 | | offenders; | 20 | | (8.7) if convicted for an offense committed on or | 21 | | after June 1, 2008 (the effective date of Public Act | 22 | | 95-464) that would qualify the accused as a child sex | 23 | | offender as defined in Section 11-9.3 or 11-9.4 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | refrain from communicating with or contacting, by means of | 26 | | the Internet, a person who is not related to the accused |
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| 1 | | and whom the accused reasonably believes to be under 18 | 2 | | years of age; for purposes of this paragraph (8.7), | 3 | | "Internet" has the meaning ascribed to it in Section | 4 | | 16-0.1 of the Criminal Code of 2012; and a person is not | 5 | | related to the accused if the person is not: (i) the | 6 | | spouse, brother, or sister of the accused; (ii) a | 7 | | descendant of the accused; (iii) a first or second cousin | 8 | | of the accused; or (iv) a step-child or adopted child of | 9 | | the accused; | 10 | | (8.8) if convicted for an offense under Section 11-6, | 11 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 12 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 13 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 14 | | or any attempt to commit any of these offenses, committed | 15 | | on or after June 1, 2009 (the effective date of Public Act | 16 | | 95-983): | 17 | | (i) not access or use a computer or any other | 18 | | device with Internet capability without the prior | 19 | | written approval of the offender's probation officer, | 20 | | except in connection with the offender's employment or | 21 | | search for employment with the prior approval of the | 22 | | offender's probation officer; | 23 | | (ii) submit to periodic unannounced examinations | 24 | | of the offender's computer or any other device with | 25 | | Internet capability by the offender's probation | 26 | | officer, a law enforcement officer, or assigned |
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| 1 | | computer or information technology specialist, | 2 | | including the retrieval and copying of all data from | 3 | | the computer or device and any internal or external | 4 | | peripherals and removal of such information, | 5 | | equipment, or device to conduct a more thorough | 6 | | inspection; | 7 | | (iii) submit to the installation on the offender's | 8 | | computer or device with Internet capability, at the | 9 | | offender's expense, of one or more hardware or | 10 | | software systems to monitor the Internet use; and | 11 | | (iv) submit to any other appropriate restrictions | 12 | | concerning the offender's use of or access to a | 13 | | computer or any other device with Internet capability | 14 | | imposed by the offender's probation officer; | 15 | | (8.9) if convicted of a sex offense as defined in the | 16 | | Sex Offender
Registration Act committed on or after | 17 | | January 1, 2010 (the effective date of Public Act 96-262), | 18 | | refrain from accessing or using a social networking | 19 | | website as defined in Section 17-0.5 of the Criminal Code | 20 | | of 2012;
| 21 | | (9) if convicted of a felony or of any misdemeanor | 22 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 23 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 24 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 25 | | the Code of Criminal Procedure of 1963, to trigger the | 26 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
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| 1 | | at a time and place
designated by the court, his or her | 2 | | Firearm
Owner's Identification Card and
any and all | 3 | | firearms in
his or her possession. The Court shall return | 4 | | to the Illinois State Police Firearm Owner's | 5 | | Identification Card Office the person's Firearm Owner's | 6 | | Identification Card;
| 7 | | (10) if convicted of a sex offense as defined in | 8 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 9 | | offender is a parent or guardian of the person under 18 | 10 | | years of age present in the home and no non-familial | 11 | | minors are present, not participate in a holiday event | 12 | | involving children under 18 years of age, such as | 13 | | distributing candy or other items to children on | 14 | | Halloween, wearing a Santa Claus costume on or preceding | 15 | | Christmas, being employed as a department store Santa | 16 | | Claus, or wearing an Easter Bunny costume on or preceding | 17 | | Easter; | 18 | | (11) if convicted of a sex offense as defined in | 19 | | Section 2 of the Sex Offender Registration Act committed | 20 | | on or after January 1, 2010 (the effective date of Public | 21 | | Act 96-362) that requires the person to register as a sex | 22 | | offender under that Act, may not knowingly use any | 23 | | computer scrub software on any computer that the sex | 24 | | offender uses; | 25 | | (12) if convicted of a violation of the | 26 | | Methamphetamine Control and Community Protection Act, the |
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| 1 | | Methamphetamine
Precursor Control Act, or a | 2 | | methamphetamine related offense: | 3 | | (A) prohibited from purchasing, possessing, or | 4 | | having under his or her control any product containing | 5 | | pseudoephedrine unless prescribed by a physician; and | 6 | | (B) prohibited from purchasing, possessing, or | 7 | | having under his or her control any product containing | 8 | | ammonium nitrate; and | 9 | | (13) if convicted of a hate crime involving the | 10 | | protected class identified in subsection (a) of Section | 11 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 12 | | offense the offender committed, perform public or | 13 | | community service of no less than 200 hours and enroll in | 14 | | an educational program discouraging hate crimes that | 15 | | includes racial, ethnic, and cultural sensitivity training | 16 | | ordered by the court. | 17 | | (b) The Court may in addition to other reasonable | 18 | | conditions relating to the
nature of the offense or the | 19 | | rehabilitation of the defendant as determined for
each | 20 | | defendant in the proper discretion of the Court require that | 21 | | the person:
| 22 | | (1) serve a term of periodic imprisonment under | 23 | | Article 7 for a
period not to exceed that specified in | 24 | | paragraph (d) of Section 5-7-1;
| 25 | | (2) pay a fine and costs;
| 26 | | (3) work or pursue a course of study or vocational |
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| 1 | | training;
| 2 | | (4) undergo medical, psychological or psychiatric | 3 | | treatment; or treatment
for drug addiction or alcoholism;
| 4 | | (5) attend or reside in a facility established for the | 5 | | instruction
or residence of defendants on probation;
| 6 | | (6) support his dependents;
| 7 | | (7) and in addition, if a minor:
| 8 | | (i) reside with his parents or in a foster home;
| 9 | | (ii) attend school;
| 10 | | (iii) attend a non-residential program for youth;
| 11 | | (iv) contribute to his own support at home or in a | 12 | | foster home;
| 13 | | (v) with the consent of the superintendent of the
| 14 | | facility, attend an educational program at a facility | 15 | | other than the school
in which the
offense was | 16 | | committed if he
or she is convicted of a crime of | 17 | | violence as
defined in
Section 2 of the Crime Victims | 18 | | Compensation Act committed in a school, on the
real
| 19 | | property
comprising a school, or within 1,000 feet of | 20 | | the real property comprising a
school;
| 21 | | (8) make restitution as provided in Section 5-5-6 of | 22 | | this Code;
| 23 | | (9) perform some reasonable public or community | 24 | | service;
| 25 | | (10) serve a term of home confinement. In addition to | 26 | | any other
applicable condition of probation or conditional |
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| 1 | | discharge, the
conditions of home confinement shall be | 2 | | that the offender:
| 3 | | (i) remain within the interior premises of the | 4 | | place designated for
his confinement during the hours | 5 | | designated by the court;
| 6 | | (ii) admit any person or agent designated by the | 7 | | court into the
offender's place of confinement at any | 8 | | time for purposes of verifying
the offender's | 9 | | compliance with the conditions of his confinement; and
| 10 | | (iii) if further deemed necessary by the court or | 11 | | the
Probation or
Court Services Department, be placed | 12 | | on an approved
electronic monitoring device, subject | 13 | | to Article 8A of Chapter V;
| 14 | | (iv) for persons convicted of any alcohol, | 15 | | cannabis or controlled
substance violation who are | 16 | | placed on an approved monitoring device as a
condition | 17 | | of probation or conditional discharge, the court shall | 18 | | impose a
reasonable fee for each day of the use of the | 19 | | device, as established by the
county board in | 20 | | subsection (g) of this Section, unless after | 21 | | determining the
inability of the offender to pay the | 22 | | fee, the court assesses a lesser fee or no
fee as the | 23 | | case may be. This fee shall be imposed in addition to | 24 | | the fees
imposed under subsections (g) and (i) of this | 25 | | Section. The fee shall be
collected by the clerk of the | 26 | | circuit court, except as provided in an administrative |
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| 1 | | order of the Chief Judge of the circuit court. The | 2 | | clerk of the circuit
court shall pay all monies | 3 | | collected from this fee to the county treasurer
for | 4 | | deposit in the substance abuse services fund under | 5 | | Section 5-1086.1 of
the Counties Code, except as | 6 | | provided in an administrative order of the Chief Judge | 7 | | of the circuit court. | 8 | | The Chief Judge of the circuit court of the county | 9 | | may by administrative order establish a program for | 10 | | electronic monitoring of offenders, in which a vendor | 11 | | supplies and monitors the operation of the electronic | 12 | | monitoring device, and collects the fees on behalf of | 13 | | the county. The program shall include provisions for | 14 | | indigent offenders and the collection of unpaid fees. | 15 | | The program shall not unduly burden the offender and | 16 | | shall be subject to review by the Chief Judge. | 17 | | The Chief Judge of the circuit court may suspend | 18 | | any additional charges or fees for late payment, | 19 | | interest, or damage to any device; and
| 20 | | (v) for persons convicted of offenses other than | 21 | | those referenced in
clause (iv) above and who are | 22 | | placed on an approved monitoring device as a
condition | 23 | | of probation or conditional discharge, the court shall | 24 | | impose
a reasonable fee for each day of the use of the | 25 | | device, as established by the
county board in | 26 | | subsection (g) of this Section, unless after |
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| 1 | | determining the
inability of the defendant to pay the | 2 | | fee, the court assesses a lesser fee or
no fee as the | 3 | | case may be. This fee shall be imposed in addition to | 4 | | the fees
imposed under subsections (g) and (i) of this | 5 | | Section. The fee
shall be collected by the clerk of the | 6 | | circuit court, except as provided in an administrative | 7 | | order of the Chief Judge of the circuit court. The | 8 | | clerk of the circuit
court shall pay all monies | 9 | | collected from this fee
to the county treasurer who | 10 | | shall use the monies collected to defray the
costs of | 11 | | corrections. The county treasurer shall deposit the | 12 | | fee
collected in the probation and court services | 13 | | fund.
The Chief Judge of the circuit court of the | 14 | | county may by administrative order establish a program | 15 | | for electronic monitoring of offenders, in which a | 16 | | vendor supplies and monitors the operation of the | 17 | | electronic monitoring device, and collects the fees on | 18 | | behalf of the county. The program shall include | 19 | | provisions for indigent offenders and the collection | 20 | | of unpaid fees. The program shall not unduly burden | 21 | | the offender and shall be subject to review by the | 22 | | Chief Judge.
| 23 | | The Chief Judge of the circuit court may suspend | 24 | | any additional charges or fees for late payment, | 25 | | interest, or damage to any device. | 26 | | (11) comply with the terms and conditions of an order |
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| 1 | | of protection issued
by the court pursuant to the Illinois | 2 | | Domestic Violence Act of 1986,
as now or hereafter | 3 | | amended, or an order of protection issued by the court of
| 4 | | another state, tribe, or United States territory. A copy | 5 | | of the order of
protection shall be
transmitted to the | 6 | | probation officer or agency
having responsibility for the | 7 | | case;
| 8 | | (12) reimburse any "local anti-crime program" as | 9 | | defined in Section 7
of the Anti-Crime Advisory Council | 10 | | Act for any reasonable expenses incurred
by the program on | 11 | | the offender's case, not to exceed the maximum amount of
| 12 | | the fine authorized for the offense for which the | 13 | | defendant was sentenced;
| 14 | | (13) contribute a reasonable sum of money, not to | 15 | | exceed the maximum
amount of the fine authorized for the
| 16 | | offense for which the defendant was sentenced, (i) to a | 17 | | "local anti-crime
program", as defined in Section 7 of the | 18 | | Anti-Crime Advisory Council Act, or (ii) for offenses | 19 | | under the jurisdiction of the Department of Natural | 20 | | Resources, to the fund established by the Department of | 21 | | Natural Resources for the purchase of evidence for | 22 | | investigation purposes and to conduct investigations as | 23 | | outlined in Section 805-105 of the Department of Natural | 24 | | Resources (Conservation) Law;
| 25 | | (14) refrain from entering into a designated | 26 | | geographic area except upon
such terms as the court finds |
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| 1 | | appropriate. Such terms may include
consideration of the | 2 | | purpose of the entry, the time of day, other persons
| 3 | | accompanying the defendant, and advance approval by a
| 4 | | probation officer, if
the defendant has been placed on | 5 | | probation or advance approval by the
court, if the | 6 | | defendant was placed on conditional discharge;
| 7 | | (15) refrain from having any contact, directly or | 8 | | indirectly, with
certain specified persons or particular | 9 | | types of persons, including but not
limited to members of | 10 | | street gangs and drug users or dealers;
| 11 | | (16) refrain from having in his or her body the | 12 | | presence of any illicit
drug prohibited by the Cannabis | 13 | | Control Act, the Illinois Controlled
Substances Act, or | 14 | | the Methamphetamine Control and Community Protection Act, | 15 | | unless prescribed by a physician, and submit samples of
| 16 | | his or her blood or urine or both for tests to determine | 17 | | the presence of any
illicit drug;
| 18 | | (17) if convicted for an offense committed on or after | 19 | | June 1, 2008 (the effective date of Public Act 95-464) | 20 | | that would qualify the accused as a child sex offender as | 21 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | 22 | | of 1961 or the Criminal Code of 2012, refrain from | 23 | | communicating with or contacting, by means of the | 24 | | Internet, a person who is related to the accused and whom | 25 | | the accused reasonably believes to be under 18 years of | 26 | | age; for purposes of this paragraph (17), "Internet" has |
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| 1 | | the meaning ascribed to it in Section 16-0.1 of the | 2 | | Criminal Code of 2012; and a person is related to the | 3 | | accused if the person is: (i) the spouse, brother, or | 4 | | sister of the accused; (ii) a descendant of the accused; | 5 | | (iii) a first or second cousin of the accused; or (iv) a | 6 | | step-child or adopted child of the accused; | 7 | | (18) if convicted for an offense committed on or after | 8 | | June 1, 2009 (the effective date of Public Act 95-983) | 9 | | that would qualify as a sex offense as defined in the Sex | 10 | | Offender Registration Act: | 11 | | (i) not access or use a computer or any other | 12 | | device with Internet capability without the prior | 13 | | written approval of the offender's probation officer, | 14 | | except in connection with the offender's employment or | 15 | | search for employment with the prior approval of the | 16 | | offender's probation officer; | 17 | | (ii) submit to periodic unannounced examinations | 18 | | of the offender's computer or any other device with | 19 | | Internet capability by the offender's probation | 20 | | officer, a law enforcement officer, or assigned | 21 | | computer or information technology specialist, | 22 | | including the retrieval and copying of all data from | 23 | | the computer or device and any internal or external | 24 | | peripherals and removal of such information, | 25 | | equipment, or device to conduct a more thorough | 26 | | inspection; |
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| 1 | | (iii) submit to the installation on the offender's | 2 | | computer or device with Internet capability, at the | 3 | | subject's expense, of one or more hardware or software | 4 | | systems to monitor the Internet use; and | 5 | | (iv) submit to any other appropriate restrictions | 6 | | concerning the offender's use of or access to a | 7 | | computer or any other device with Internet capability | 8 | | imposed by the offender's probation officer; and | 9 | | (19) refrain from possessing a firearm or other | 10 | | dangerous weapon where the offense is a misdemeanor that | 11 | | did not involve the intentional or knowing infliction of | 12 | | bodily harm or threat of bodily harm. | 13 | | (c) The court may as a condition of probation or of | 14 | | conditional
discharge require that a person under 18 years of | 15 | | age found guilty of any
alcohol, cannabis or controlled | 16 | | substance violation, refrain from acquiring
a driver's license | 17 | | during
the period of probation or conditional discharge. If | 18 | | such person
is in possession of a permit or license, the court | 19 | | may require that
the minor refrain from driving or operating | 20 | | any motor vehicle during the
period of probation or | 21 | | conditional discharge, except as may be necessary in
the | 22 | | course of the minor's lawful employment.
| 23 | | (d) An offender sentenced to probation or to conditional | 24 | | discharge
shall be given a certificate setting forth the | 25 | | conditions thereof.
| 26 | | (e) Except where the offender has committed a fourth or |
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| 1 | | subsequent
violation of subsection (c) of Section 6-303 of the | 2 | | Illinois Vehicle Code,
the court shall not require as a | 3 | | condition of the sentence of
probation or conditional | 4 | | discharge that the offender be committed to a
period of | 5 | | imprisonment in excess of 6 months.
This 6-month limit shall | 6 | | not include periods of confinement given pursuant to
a | 7 | | sentence of county impact incarceration under Section 5-8-1.2.
| 8 | | Persons committed to imprisonment as a condition of | 9 | | probation or
conditional discharge shall not be committed to | 10 | | the Department of
Corrections.
| 11 | | (f) The court may combine a sentence of periodic | 12 | | imprisonment under
Article 7 or a sentence to a county impact | 13 | | incarceration program under
Article 8 with a sentence of | 14 | | probation or conditional discharge.
| 15 | | (g) An offender sentenced to probation or to conditional | 16 | | discharge and
who during the term of either undergoes | 17 | | mandatory drug or alcohol testing,
or both, or is assigned to | 18 | | be placed on an approved electronic monitoring
device, shall | 19 | | be ordered to pay all costs incidental to such mandatory drug
| 20 | | or alcohol testing, or both, and all costs
incidental to such | 21 | | approved electronic monitoring in accordance with the
| 22 | | defendant's ability to pay those costs. The county board with
| 23 | | the concurrence of the Chief Judge of the judicial
circuit in | 24 | | which the county is located shall establish reasonable fees | 25 | | for
the cost of maintenance, testing, and incidental expenses | 26 | | related to the
mandatory drug or alcohol testing, or both, and |
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| 1 | | all costs incidental to
approved electronic monitoring, | 2 | | involved in a successful probation program
for the county. The | 3 | | concurrence of the Chief Judge shall be in the form of
an | 4 | | administrative order.
The fees shall be collected by the clerk | 5 | | of the circuit court, except as provided in an administrative | 6 | | order of the Chief Judge of the circuit court. The clerk of
the | 7 | | circuit court shall pay all moneys collected from these fees | 8 | | to the county
treasurer who shall use the moneys collected to | 9 | | defray the costs of
drug testing, alcohol testing, and | 10 | | electronic monitoring.
The county treasurer shall deposit the | 11 | | fees collected in the
county working cash fund under Section | 12 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 13 | | may be.
The Chief Judge of the circuit court of the county may | 14 | | by administrative order establish a program for electronic | 15 | | monitoring of offenders, in which a vendor supplies and | 16 | | monitors the operation of the electronic monitoring device, | 17 | | and collects the fees on behalf of the county. The program | 18 | | shall include provisions for indigent offenders and the | 19 | | collection of unpaid fees. The program shall not unduly burden | 20 | | the offender and shall be subject to review by the Chief Judge.
| 21 | | The Chief Judge of the circuit court may suspend any | 22 | | additional charges or fees for late payment, interest, or | 23 | | damage to any device. | 24 | | (h) Jurisdiction over an offender may be transferred from | 25 | | the
sentencing court to the court of another circuit with the | 26 | | concurrence of
both courts. Further transfers or retransfers |
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| 1 | | of
jurisdiction are also
authorized in the same manner. The | 2 | | court to which jurisdiction has been
transferred shall have | 3 | | the same powers as the sentencing court.
The probation | 4 | | department within the circuit to which jurisdiction has been | 5 | | transferred, or which has agreed to provide supervision, may | 6 | | impose probation fees upon receiving the transferred offender, | 7 | | as provided in subsection (i). For all transfer cases, as | 8 | | defined in Section 9b of the Probation and Probation Officers | 9 | | Act, the probation department from the original sentencing | 10 | | court shall retain all probation fees collected prior to the | 11 | | transfer. After the transfer,
all probation fees shall be paid | 12 | | to the probation department within the
circuit to which | 13 | | jurisdiction has been transferred.
| 14 | | (i) The court shall impose upon an offender
sentenced to | 15 | | probation after January 1, 1989 or to conditional discharge
| 16 | | after January 1, 1992 or to community service under the | 17 | | supervision of a
probation or court services department after | 18 | | January 1, 2004, as a condition of such probation or | 19 | | conditional
discharge or supervised community service, a fee | 20 | | of $50
for each month of probation or
conditional
discharge | 21 | | supervision or supervised community service ordered by the | 22 | | court, unless after
determining the inability of the person | 23 | | sentenced to probation or conditional
discharge or supervised | 24 | | community service to pay the
fee, the court assesses a lesser | 25 | | fee. The court may not impose the fee on a
minor who is placed | 26 | | in the guardianship or custody of the Department of Children |
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| 1 | | and Family Services under the Juvenile Court Act of 1987
while | 2 | | the minor is in placement.
The fee shall be imposed only upon
| 3 | | an offender who is actively supervised by the
probation and | 4 | | court services
department. The fee shall be collected by the | 5 | | clerk
of the circuit court. The clerk of the circuit court | 6 | | shall pay all monies
collected from this fee to the county | 7 | | treasurer for deposit in the
probation and court services fund | 8 | | under Section 15.1 of the
Probation and Probation Officers | 9 | | Act.
| 10 | | A circuit court may not impose a probation fee under this | 11 | | subsection (i) in excess of $25
per month unless the circuit | 12 | | court has adopted, by administrative
order issued by the chief | 13 | | judge, a standard probation fee guide
determining an | 14 | | offender's ability to pay. Of the
amount collected as a | 15 | | probation fee, up to $5 of that fee
collected per month may be | 16 | | used to provide services to crime victims
and their families. | 17 | | The Court may only waive probation fees based on an | 18 | | offender's ability to pay. The probation department may | 19 | | re-evaluate an offender's ability to pay every 6 months, and, | 20 | | with the approval of the Director of Court Services or the | 21 | | Chief Probation Officer, adjust the monthly fee amount. An | 22 | | offender may elect to pay probation fees due in a lump sum.
Any | 23 | | offender that has been assigned to the supervision of a | 24 | | probation department, or has been transferred either under | 25 | | subsection (h) of this Section or under any interstate | 26 | | compact, shall be required to pay probation fees to the |
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| 1 | | department supervising the offender, based on the offender's | 2 | | ability to pay.
| 3 | | Public Act 93-970 deletes the $10 increase in the fee | 4 | | under this subsection that was imposed by Public Act 93-616. | 5 | | This deletion is intended to control over any other Act of the | 6 | | 93rd General Assembly that retains or incorporates that fee | 7 | | increase. | 8 | | (i-5) In addition to the fees imposed under subsection (i) | 9 | | of this Section, in the case of an offender convicted of a | 10 | | felony sex offense (as defined in the Sex Offender Management | 11 | | Board Act) or an offense that the court or probation | 12 | | department has determined to be sexually motivated (as defined | 13 | | in the Sex Offender Management Board Act), the court or the | 14 | | probation department shall assess additional fees to pay for | 15 | | all costs of treatment, assessment, evaluation for risk and | 16 | | treatment, and monitoring the offender, based on that | 17 | | offender's ability to pay those costs either as they occur or | 18 | | under a payment plan. | 19 | | (j) All fines and costs imposed under this Section for any | 20 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 21 | | Code, or a similar
provision of a local ordinance, and any | 22 | | violation of the Child Passenger
Protection Act, or a similar | 23 | | provision of a local ordinance, shall be
collected and | 24 | | disbursed by the circuit clerk as provided under the Criminal | 25 | | and Traffic Assessment Act.
| 26 | | (k) Any offender who is sentenced to probation or |
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| 1 | | conditional discharge for a felony sex offense as defined in | 2 | | the Sex Offender Management Board Act or any offense that the | 3 | | court or probation department has determined to be sexually | 4 | | motivated as defined in the Sex Offender Management Board Act | 5 | | shall be required to refrain from any contact, directly or | 6 | | indirectly, with any persons specified by the court and shall | 7 | | be available for all evaluations and treatment programs | 8 | | required by the court or the probation department.
| 9 | | (l) The court may order an offender who is sentenced to | 10 | | probation or conditional
discharge for a violation of an order | 11 | | of protection be placed under electronic surveillance as | 12 | | provided in Section 5-8A-7 of this Code. | 13 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
| 14 | | Section 10. The Illinois Crime Reduction Act of 2009 is | 15 | | amended by changing Section 10 as follows: | 16 | | (730 ILCS 190/10) | 17 | | Sec. 10. Evidence-based programming.
| 18 | | (a) Purpose. Research and practice have identified new | 19 | | strategies and policies that can result in a significant | 20 | | reduction in recidivism rates and the successful local | 21 | | reintegration of offenders. The purpose of this Section is to | 22 | | ensure that State and local agencies direct their resources to | 23 | | services and programming that have been demonstrated to be | 24 | | effective in reducing recidivism and reintegrating offenders |
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| 1 | | into the locality. | 2 | | (b) Evidence-based programming in local supervision. | 3 | | (1) The Parole Division of the Department of | 4 | | Corrections and the Prisoner Review Board shall adopt | 5 | | policies, rules, and regulations that, within the first | 6 | | year of the adoption, validation, and utilization of the | 7 | | statewide, standardized risk assessment tool described in | 8 | | this Act, result in at least 25% of supervised individuals | 9 | | being supervised in accordance with evidence-based | 10 | | practices; within 3 years of the adoption, validation, and | 11 | | utilization of the statewide, standardized risk assessment | 12 | | tool result in at least 50% of supervised individuals | 13 | | being supervised in accordance with evidence-based | 14 | | practices; and within 5 years of the adoption, validation, | 15 | | and utilization of the statewide, standardized risk | 16 | | assessment tool result in at least 75% of supervised | 17 | | individuals being supervised in accordance with | 18 | | evidence-based practices. The policies, rules, and | 19 | | regulations shall: | 20 | | (A) Provide for a standardized individual case | 21 | | plan that follows the offender through the criminal | 22 | | justice system (including in-prison if the supervised | 23 | | individual is in prison) that is:
| 24 | | (i) Based on the assets of the individual as | 25 | | well as his or her risks and needs identified | 26 | | through the assessment tool as described in this |
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| 1 | | Act. | 2 | | (ii) Comprised of treatment and supervision | 3 | | services appropriate to achieve the purpose of | 4 | | this Act. | 5 | | (iii) Consistently updated, based on program | 6 | | participation by the supervised individual and | 7 | | other behavior modification exhibited by the | 8 | | supervised individual. | 9 | | (B) Concentrate resources and services on | 10 | | high-risk offenders. | 11 | | (C) Provide for the use of evidence-based | 12 | | programming related to education, job training, | 13 | | cognitive behavioral therapy, and other programming | 14 | | designed to reduce criminal behavior. | 15 | | (D) Establish a system of graduated responses. | 16 | | (i) The system shall set forth a menu of | 17 | | presumptive responses for the most common types of | 18 | | supervision violations.
| 19 | | (ii) The system shall be guided by the model | 20 | | list of intermediate sanctions created by the | 21 | | Probation Services Division of the State of | 22 | | Illinois pursuant to subsection (1) of Section 15 | 23 | | of the Probation and Probation Officers Act and | 24 | | the system of intermediate sanctions created by | 25 | | the Chief Judge of each circuit court pursuant to | 26 | | Section 5-6-1 of the Unified Code of Corrections. |
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| 1 | | (iii) The system of responses shall take into | 2 | | account factors such as the severity of the | 3 | | current violation; the supervised individual's | 4 | | risk level as determined by a validated assessment | 5 | | tool described in this Act; the supervised | 6 | | individual's assets; his or her previous criminal | 7 | | record; and the number and severity of any | 8 | | previous supervision violations. | 9 | | (iv) The system shall also define positive | 10 | | reinforcements that supervised individuals may | 11 | | receive for compliance with conditions of | 12 | | supervision. | 13 | | (v) Response to violations should be swift and | 14 | | certain and should be imposed as soon as | 15 | | practicable but no longer than 3 working days of | 16 | | detection of the violation behavior. | 17 | | (vi) The system of graduated responses shall | 18 | | be published on the Department of Corrections | 19 | | website for public view. | 20 | | (2) Conditions of local supervision (probation and | 21 | | mandatory supervised release). Conditions of local | 22 | | supervision whether imposed by a sentencing judge or the | 23 | | Prisoner Review Board shall be imposed in accordance with | 24 | | the offender's risks, assets, and needs as identified | 25 | | through the assessment tool described in this Act. | 26 | | (3) The Department of Corrections and the Prisoner |
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| 1 | | Review Board shall annually publish an exemplar copy of | 2 | | any evidence-based assessments, questionnaires, or other | 3 | | instruments used to set conditions of release. | 4 | | (c) Evidence-based in-prison programming. | 5 | | (1) The Department of Corrections shall adopt | 6 | | policies, rules, and regulations that, within the first | 7 | | year of the adoption, validation, and utilization of the | 8 | | statewide, standardized risk assessment tool described in | 9 | | this Act, result in at least 25% of incarcerated | 10 | | individuals receiving services and programming in | 11 | | accordance with evidence-based practices; within 3 years | 12 | | of the adoption, validation, and utilization of the | 13 | | statewide, standardized risk assessment tool result in at | 14 | | least 50% of incarcerated individuals receiving services | 15 | | and programming in accordance with evidence-based | 16 | | practices; and within 5 years of the adoption, validation, | 17 | | and utilization of the statewide, standardized risk | 18 | | assessment tool result in at least 75% of incarcerated | 19 | | individuals receiving services and programming in | 20 | | accordance with evidence-based practices. The policies, | 21 | | rules, and regulations shall: | 22 | | (A) Provide for the use and development of a case | 23 | | plan based on the risks, assets, and needs identified | 24 | | through the assessment tool as described in this Act. | 25 | | The case plan should be used to determine in-prison | 26 | | programming; should be continuously updated based on |
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| 1 | | program participation by the prisoner and other | 2 | | behavior modification exhibited by the prisoner; and | 3 | | should be used when creating the case plan described | 4 | | in subsection (b).
| 5 | | (B) Provide for the use of evidence-based | 6 | | programming related to education, job training, | 7 | | cognitive behavioral therapy and other evidence-based | 8 | | programming. | 9 | | (C) Establish education programs based on a | 10 | | teacher to student ratio of no more than 1:30. | 11 | | (D) Expand the use of drug prisons, modeled after | 12 | | the Sheridan Correctional Center, to provide | 13 | | sufficient drug treatment and other support services | 14 | | to non-violent inmates with a history of substance | 15 | | abuse. | 16 | | (2) Participation and completion of programming by | 17 | | prisoners can impact earned time credit as determined | 18 | | under Section 3-6-3 of the Unified Code of Corrections. | 19 | | (3) The Department of Corrections shall provide its | 20 | | employees with intensive and ongoing training and | 21 | | professional development services to support the | 22 | | implementation of evidence-based practices. The training | 23 | | and professional development services shall include | 24 | | assessment techniques, case planning, cognitive behavioral | 25 | | training, risk reduction and intervention strategies, | 26 | | effective communication skills, substance abuse treatment |
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| 1 | | education and other topics identified by the Department or | 2 | | its employees. | 3 | | (d) The Parole Division of the Department of Corrections | 4 | | and the Prisoner Review Board shall provide their employees | 5 | | with intensive and ongoing training and professional | 6 | | development services to support the implementation of | 7 | | evidence-based practices. The training and professional | 8 | | development services shall include assessment techniques, case | 9 | | planning, cognitive behavioral training, risk reduction and | 10 | | intervention strategies, effective communication skills, | 11 | | substance abuse treatment education, and other topics | 12 | | identified by the agencies or their employees.
| 13 | | (e) The Department of Corrections, the Prisoner Review | 14 | | Board, and other correctional entities referenced in the | 15 | | policies, rules, and regulations of this Act shall design, | 16 | | implement, and make public a system to evaluate the | 17 | | effectiveness of evidence-based practices in increasing public | 18 | | safety and in successful reintegration of those under | 19 | | supervision into the locality. Annually, each agency shall | 20 | | submit to the Sentencing Policy Advisory Council a | 21 | | comprehensive report on the success of implementing | 22 | | evidence-based practices. The data compiled and analyzed by | 23 | | the Council shall be delivered annually to the Governor and | 24 | | the General Assembly.
| 25 | | (f) The Department of Corrections and the Prisoner Review | 26 | | Board shall release a report annually published on their |
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| 1 | | websites that reports the following information about the | 2 | | usage of electronic monitoring and GPS monitoring as a | 3 | | condition of parole and mandatory supervised release during | 4 | | the prior calendar year: | 5 | | (1) demographic data of individuals on electronic | 6 | | monitoring and GPS monitoring, separated by the following | 7 | | categories: | 8 | | (A) race or ethnicity; | 9 | | (B) gender; and | 10 | | (C) age; | 11 | | (2) incarceration data of individuals subject to | 12 | | conditions of electronic or GPS monitoring, separated by | 13 | | the following categories: | 14 | | (A) highest class of offense for which the | 15 | | individuals are currently serving a term of release; | 16 | | and | 17 | | (B) length of imprisonment served prior to the | 18 | | current release period; | 19 | | (3) the number of individuals subject to conditions of | 20 | | electronic or GPS monitoring, separated by the following | 21 | | categories: | 22 | | (A) the number of individuals subject to | 23 | | monitoring under Section 5-8A-6 of the Unified Code of | 24 | | Corrections; | 25 | | (B) the number of individuals subject monitoring | 26 | | under Section 5-8A-7 of the Unified Code of |
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| 1 | | Corrections; | 2 | | (C) the number of individuals subject to | 3 | | monitoring under a discretionary order of the Prisoner | 4 | | Review Board at the time of their release; and | 5 | | (D) the number of individuals subject to | 6 | | monitoring as a sanction for violations of parole or | 7 | | mandatory supervised release, separated by the | 8 | | following categories: | 9 | | (i) the number of individuals subject to | 10 | | monitoring as part of a graduated sanctions | 11 | | program; and | 12 | | (ii) the number of individuals subject to | 13 | | monitoring as a new condition of re-release after | 14 | | a revocation hearing before the Prisoner Review | 15 | | Board; | 16 | | (4) the number of discretionary monitoring orders | 17 | | issued by the Prisoner Review Board, separated by the | 18 | | following categories: | 19 | | (A) less than 30 days; | 20 | | (B) 31 to 60 days; | 21 | | (C) 61 to 90 days; | 22 | | (D) 91 to 120 days; | 23 | | (E) 121 to 150 days; | 24 | | (F) 151 to 180 days; | 25 | | (G) 181 to 364 days; | 26 | | (H) 365 days or more; and |
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| 1 | | (I) duration of release term; | 2 | | (5) the number of discretionary monitoring orders by | 3 | | the Board which removed or terminated monitoring prior to | 4 | | the completion of the original period ordered; | 5 | | (6) the number and severity category for sanctions | 6 | | imposed on individuals on electronic or GPS monitoring, | 7 | | separated by the following categories: | 8 | | (A) absconding from electronic monitoring or GPS; | 9 | | (B) tampering or removing the electronic | 10 | | monitoring or GPS device; | 11 | | (C) unauthorized leaving of the residence; | 12 | | (D) presence of the individual in a prohibited | 13 | | area; or | 14 | | (E) other violations of the terms of the | 15 | | electronic monitoring program; | 16 | | (7) the number of individuals for whom a parole | 17 | | revocation case was filed for failure to comply with the | 18 | | terms of electronic or GPS monitoring, separated by the | 19 | | following categories: | 20 | | (A) cases when failure to comply with the terms of | 21 | | monitoring was the sole violation alleged; and | 22 | | (B) cases when failure to comply with the terms of | 23 | | monitoring was alleged in conjunction with other | 24 | | alleged violations; | 25 | | (8) residential data for individuals subject to | 26 | | electronic or GPS monitoring, separated by the following |
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| 1 | | categories: | 2 | | (A) the county of the residence address for | 3 | | individuals subject to electronic or GPS monitoring as | 4 | | a condition of their release; and | 5 | | (B) for counties with a population over 3,000,000, | 6 | | the zip codes of the residence address for individuals | 7 | | subject to electronic or GPS monitoring as a condition | 8 | | of their release; | 9 | | (9) the number of individuals for whom parole | 10 | | revocation cases were filed due to violations of paragraph | 11 | | (1) of subsection (a) of Section 3-3-7 of the Unified Code | 12 | | of Corrections, separated by the following categories: | 13 | | (A) the number of individuals whose violation of | 14 | | paragraph (1) of subsection (a) of Section 3-3-7 of | 15 | | the Unified Code of Corrections allegedly occurred | 16 | | while the individual was subject to conditions of | 17 | | electronic or GPS monitoring; | 18 | | (B) the number of individuals who had violations | 19 | | of paragraph (1) of subsection (a) of Section 3-3-7 of | 20 | | the Unified Code of Corrections alleged against them | 21 | | who were never subject to electronic or GPS monitoring | 22 | | during their current term of release; and | 23 | | (C) the number of individuals who had violations | 24 | | of paragraph (1) of subsection (a) of Section 3-3-7 of | 25 | | the Unified Code of Corrections alleged against them | 26 | | who were subject to electronic or GPS monitoring for |
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| 1 | | any period of time during their current term of their | 2 | | release, but who were not subject to such monitoring | 3 | | at the time of the alleged violation of paragraph (1) | 4 | | of subsection (a) of Section 3-3-7 of the Unified Code | 5 | | of Corrections. | 6 | | (Source: P.A. 101-231, eff. 1-1-20; 102-558, eff. 8-20-21.) |
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